SPHERE OF STATE GOVERNMENT jg 



flooded, the public have only the right of passage on the 

 waters above it, provided they are navigable, but not the 

 right of fowling and fishing thereon. 93 



Absolute Property in Wild Animals: Absolute property 

 is acquired only when an ^dividual obtains possession of a 

 wild animal in such a manner as to conform with the law. 94 

 Pursuit or the starting of an animal is not possession; it is 

 obtained only when the animal is killed or mortally wounded. 

 Until such time it is considered at large and anyone may 

 legally, however lacking in good sportsmanship it may be, 

 enter upon the chase and by killing the animal obtain pos- 

 session. 95 



On the other hand, once a person has obtained absolute 

 property in a wild animal by killing it and marking the body 

 in accordance with custom, he retains property in it although 

 it may escape from his immediate possession. Thus Ghen 

 had killed a whale off the north Atlantic coast with a marked 

 bomb lance but the dead body had escaped from his posses- 

 sion. It was picked up by Rich who claimed that as he 

 found the body it was " game escaped from possession " 

 and therefore at large. The court ruled that Ghen had done 

 all he could to mark the body as his property. He used 

 the method common on the fishing coast and which was 

 therefore valid. Reasonable salvage was allowed but that 

 was all. 96 



Extent of State Control under Police Power: The state 

 may under police power regulate the use to which property 



S3 S chute v. Warren, 218 111. 108, 75 N. E. 783 (1905) ; Sterling v. 

 Jackson, 69 Mich. 488, 37 N. W. 845 (1888). 



94 Persons killing animals ferae naturae in violation of law acquire 

 no title thereby, Manning v. Miclierson, 69 Ga. 447 (1882) ; Linden v. 

 McCormick, 90 Minn. 337 (1905). 



**Pierson v. Post, 3 Caines (N. Y.) 175 (1805). 



Ghen v. Rich, 8 Feb. 159 (1881). 



